New Brunswick Employers Now Need to Accommodate Family Status
New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.
Random Drug and Alcohol Testing OK For Now at the...
In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, the Amalgamated Transit Union, Local 113 (the “Union”) applied for an injunction to prevent the Toronto Transit Commission (the “TTC”) from implementing random drug and alcohol testing for its employees.
Cannabis Legalization: Weeding Out the Regulations
As the Federal Government recently introduced its legislation to legalize and regulate recreational cannabis, it is clear that legalization is now imminent.
Agree to Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds...
The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.
Terminating a Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings
In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.
Some Nice Trade-mark (Classification) News from Canada: Application of the...
Use of the Nice Classification system will eventually become mandatory in Canada, upon full implementation here of various international trade-mark treaties.
Shareholder Loans: Are They Equity or Debt?
Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm’s length transaction, are properly characterized as debt, or as equity.
Supreme Court of Canada Confirms the Law on Rectification
The Supreme Court of Canada (“SCC”) confirmed the law on the equitable remedy of rectification in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”).
NL Court of Appeal Restates Principles That Apply to Claims...
In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals.